Mass-Peculiarities: An Employers Guide to Wage & Hour Law in the Bay State 2022 Edition

108 | Massachusetts Wage & Hour Peculiarities, 2022 ed. © 2022 Seyfarth Shaw LLP (2) Creative Professional Exemption To qualify for the creative professional employee exemption, both of the following tests must be met: 1. The employee must be compensated on a salary or fee basis at a rate not less than $684.00 per week. 2. The employee’s “primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor as opposed to routine mental, manual, mechanical or physical work.” 592 (a) Work Requiring Invention, Imagination, Originality, or Talent The requirement of invention, imagination, originality, or talent is what “distinguishes the creative professions from work that primarily depends on intelligence, diligence and accuracy.” 593 The duties performed by employees in these professions vary widely and the exemption for creative professionals depends on the extent of the invention, imagination, originality, or talent exercised by the employee. Determining whether the exemption applies, therefore, must be determined on a case-by-case basis. 594 The requirements are generally met by the following individuals: • Actors • Musicians • Composers • Conductors • Soloists • Certain painters • Writers • Cartoonists • Essayists 592 29 C.F.R. § 541.302(a). 593 29 C.F.R. § 541.302(c). 594 Id .